Despite the EEO-1 filing deadline for the 2021 tax year being earlier this month, the Equal Employment Opportunity Commission (EEOC) is allowing for “late” submissions through June 21.

Included in the EEO-1 frequently asked questions, the agency explains that if an organization does not meet the original deadline of May 17, 2022, it will enter a “failure to file phase.” This phase will prompt the issuance of a notice informing the organization of its failure to report and certify Component 1 data and to submit the requested information by not later than June 21.

The agency states that “Once the June 21, 2022 deadline passes, no additional 2021 EEO-1 component 1 Reports will be accepted, and eligible filers will be out of compliance with their Mandatory 2021 EEO-1 Component 1 filing obligation.”

The announcement was under the radar, but nonetheless, employers will have additional time to file their EEO-1 Component 1 snapshots for the 2021 tax year. 

How to file EEO-1 reports

Employers that still need to submit their Component 1 data to the EEOC can do so in one of two ways:

As a reminder, the EEO-1’s annual reporting requirements apply to:

  • Private employers that are subject to Title VII of the Civil Rights Act of 1964 and have 100 or more employees
  • Federal contractors and first-tier subcontractors with at least 50 employees and a minimum of $50,000 in contracts
  • Financial institutions and government depositories with 50 or more employees
  • Private employers with less than 100 employees if their association with or common ownership with another company adds up to 100 employees

If your organization needs assistance meeting the EEO-1 filing deadline, contact us to learn about our EEO-1 filing solutions.

The future of EEO-1 reporting

While it’s true the 2021 reporting year only requires Component 1 data, Component 2 pay data is expected to return for future reporting years. 

The Office of Federal Contract Compliance Programs (OFCCP) for example, announced that it would be using the pay data from Component 2 to enforce pay equity. Specifically, the agency says the data’s utility “could improve OFCCP’s ability to efficiently investigate potential pay discrimination.”

Former EEOC Commissioner Victoria A. Lipnic too suggested that the future of pay equity enforcement would include the usage of Component 2, “or some other type of regulatory requirement.” She explains “I believe employers will be required to submit pay data to the federal government in the future. I do not see a scenario where that will not happen.”

Meanwhile, the Biden administration is continuously making strides to further ensure pay equity. Through a series of executive orders aimed at ending workplace discrimination and the passage of the nation’s first-ever national strategy to achieve gender and racial equity, pay equity requirements for employers are expanding. 

Preparing for pay equity enforcement

Organizations looking to take a proactive approach to the inevitable enforcement of pay equity should conduct a pay equity audit that analyzes employee compensation at the intersection of gender and race/ethnicity. This will help you understand where your organization faces risk in terms of equal pay for equal work. 

Pay equity audits can be complex and getting them right is of uppermost importance, as a recent case involving LinkedIn shows. Best practices encourage partnering with an expert in data, legislation, and software like Trusaic. Our pay equity auditing SaaS solution, PayParity includes these important qualities and can help you achieve and sustain pay equity.

To learn more about conducting a pay equity audit, download our guide What is Pay Equity?

Download: What is Pay Equity?